Section 1277 appeal/reclassify wages help (file, receive, claim, qualify)

[Marie51587]

I applied for my 2nd year UI claim June 09,2018 and received my determination letter which stated I do not qualify for benefits because of no new employee wages. I started driving for Amazon Flex in April 2018 and made $1400 in wages between April - June 01,2018. I appealed and this is what was determined on Aug 13:

On June 25, 2018, the department determined the claimants new claim to be invalid due to no work and insufficient wages n the period from June 11, 2017 to June 9, 2018. In order to file a valid claim, the claimant must have worked and earned wages of $1,300 or……… (the rest of section 1277 stipulations….)
In this matter, the claimant was paid the amount of $1,421 from Amazon Flex to be self-employment but at hearing, she described herself to be an employee of Amazon Flex and her earnings from Amazon Flex to be wages from employment.
The department claim notes evidence its knowledge of the claimant’s Amazon flex earnings during the lag period it disregarded those earnings concluding they were not entitled to be used to validate her new claim.
The claimant established that she had work with Amazon Flex in May and June 2018.
REASON FOR DECISION
Section 1277 of the Unemployment insurance Code provides that notwithstanding section 1281, if the base period of a new claim includes wages paid prior to the effective date of, and not used in the computation of the award for, a previous valid claim, the new claim shall only be valid if, during the 52 week period beginning with the effective date of the previous valid claim, either of the following applies:
(a) The Individual earned or was paid sufficient wages to meet eligibility requirements of Section 1281 of the code and performed some work.
(b) The individual did not receive unemployment benefits, and was disabled, and was entitled to receive unemployment disability or workers compensation benefits.
For the purpose of ths section only, the term “wages” includes any and all compensation for the personal services performed as an employee for purpose of meeting the eligibility under subdivision (a) of Section 1281.
The “some work” requirement in Section 1277 included renumeration received from self-employment. (Precedent Decision P-B-156.)
In this matter the claimant established that she had earnings of $1,421 from Amazon Flex during the period of 6/11/17-6/9/2018.
The claimant failed to establish that Amazon Flex was her employer.
As a result, it is found that the claimant’s new claim for benefits is invalid under code Section 1277.
DECISION
The determination is affirmed.
The claimant had insufficient employer wages from 6/11/17-6/9/18 to validate a new claim under Section 1277s


I spoke with EDD this morning to request that the earnings be reclassified, and she told me that EDD does not do this because Amazon doesn’t pay into UI insurance, and I stated self-employment on my claim.
Should I use the “ASK EDD” to reach out to them to reclassify my wages or should I appeal the decision saying the 1099 wages were misclassified, should be in my base-year earnings, and that I did not fit the parameters of an IC/contractor by virtue of supervision, hours, etc., and submitting myy assertions on my employment status by completing the worksheet in this publication:

http://www.edd.ca.gov/pdf_pub_ctr/de38.pdf


Thank you to everyone who helps out on this form 😊

[Marie51587]

Also wanted to add that I will be receiving money from my previous employer (The one used to establish the first claim with leftover LAG wages) from an ESOP cash out distrubution for around 3k. Since it will be taxed, federal and state, could this count for "new wages" if I file a new claim? Probably not, but worth asking I will have enough LAG wages in my alternative base period to be used up until end of Sept.

[Chyvan]

If Amazon Flex is like Uber and Lyft, then forget it. CA has settled that issue. No one gets 2nd-year claims from that kind of work anymore.

Too bad you didn't come here first. I'd have told you to be Christmas help at a retail store. It always works, and results in a clean separation.

I'm not so sure the ESOP is going to work. It has to be a check that comes through payroll so that there is a probability that you can create the appearance it looks like wages even though if scrutinized it probably wouldn't be.

[Marie51587]

So I got a temporary assignment for 2 weeks, job ended 8/24/18 and I made $1,440. Since this work wasn’t performed in my benefit year, 6/9/17-6/9/18, does this make me ineligible? I still have one quarter of LAG earnings from my previous employer (June 2017 qtr = $14,000)

[Chyvan]

Originally Posted by Marie51587

does this make me ineligible?

It only makes you ineligible for a 2nd-year claim - a claim that starts the day your prior one expires.

You might very well be able to file and just get a plain old new claim.

[Marie51587]

I filed a new claim on August 24th and received notice to submit my pay stubs for work performed between 6/9/17-6/9/18. How do I get a “new” claim? I submitted the pay stub even though the work was performed outside of that time frame.

[Chyvan]

Was 6/9 the last time you applied?

[Marie51587]

Yes 6/9/18. Claim was invalid because my wages were 1099.

[Chyvan]

See what happens, and if denied, APPEAL the next denial, and then take your paystubs in and have a judge do it.

[Marie51587]

Just spoke with EDD and they informed me that since the work was performed outside of my benefit year, 6/9/17–6/9/18 that my claim is invalid. They said that I might have a valid claim in October because that’s when the new quarter is. In October my 14k in LAG wages will drop off. They said they will mail me a notice and I can appeal which I fully intend to. Am I looking at a denial again? What do I say in the appeal hearing? That I want my new claim to start in August when the work ended. The EDD rep said those wages have to rollover to the Oct quarter which makes absolutely no sense to me.